FRANK v. COMMONWEALTH OF ANTIGUA AND BARBUDA

No. 15-10717, Cons. w/ No. 15-10788.

842 F.3d 362 (2016)

Joan Gale FRANK; Jon A. Bell; Doctor Samuel Bukrinsky; Jaime Alexis Arroyo Bornstein; Peggy Roif Rotstain; Juan C. Olano; John Wade, in his capacity as trustee of the Microchip ID Systems, Inc. Retirement Plan, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. The COMMONWEALTH OF ANTIGUA AND BARBUDA, Defendant-Appellant. The Official Stanford Investors Committee, Plaintiff-Appellee, v. Antigua and Barbuda, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Filed November 22, 2016.


Attorney(s) appearing for the Case

Peter Daniel Morgenstern, Esq. , Joshua Eli Abraham, Esq. , Butzel Long, P.C., New York, NY, Clifton Scott Elgarten, Esq. , Stuart H. Newberger , Crowell & Moring, L.L.P., Washington, DC, for Plaintiffs-Appellees.

Joshua James Newcomer , Emil Thomas Bayko , McKool Smith, P.C., Emil Thomas Bayko , Porter & Hedges, L.L.P., Houston, TX, for Defendant-Appellant.

Before WIENER, PRADO, and OWEN, Circuit Judges.


These consolidated cases involve Defendant-Appellant, the Commonwealth of Antigua and Barbuda ("Antigua"), and its alleged involvement with the Stanford Ponzi scheme. As a foreign nation, Antigua challenged the district court's jurisdiction in each suit under the Foreign Sovereign Immunities Act ("FSIA"). The district...

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